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City of Portland



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9.01.020 Definitions.

For purposes of this Chapter, the following definitions apply:

A.  “City” means the City of Portland as defined in Title 1 of the Code of the City of Portland.

B.  “BOLI Commissioner” means the Commissioner of the Bureau of Labor and Industries (BOLI) of the State of Oregon as established by ORS 651.020.

C.  “Employee” means an individual who renders personal services to an Employer where the Employer either pays or agrees to pay for the personal services or suffers or permits the individual to perform the personal services.  “Employee” includes Home Care Workers as defined by ORS 410.600(8).

D.  “Employee” does not include:

1.  A copartner of the Employer

2.  An Independent contractor

3.  A participant in a work training program administered under state or federal assistance laws;

4.  Those who are participating in a work study program that provides students in secondary or post secondary educational institutions with employment opportunities for financial and/or vocational training; or

5.  Railroad workers exempted under the Federal Railroad Insurance Act (45 USC 363).

E.  “Employer” means the same as that term is defined in ORS 653.010(3), but does not include:

1.  The United States Government; or

2.  The State of Oregon including any office, department, agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary; or

3.  Any political subdivision of the State of Oregon or any county, city, district, authority, public corporation or public entity other than the City.  

F.  “Family Member” means the same as that term is defined in ORS 659A.150 (4) and includes domestic partners as defined under ORS 106.310.

G.   “Health Care Provider” means the same as that term is defined in ORS 659A.150 (5).

H.  “Paid Time Off” or PTO means:

1.  A bank of time, including time accrued in regular increments according to an established formula, provided by an Employer to an Employee, that the Employee can use to take paid time off from work for any purpose, including the purposes covered by this Chapter; or

2.   A contribution made by an Employer to a vacation pay account, in the name of a construction trade union Employee covered by a collective bargaining agreement, that the Employee may cash out or use for any purpose, including the purposes covered by this Chapter.

I.  “Sick Time” means time that has been accrued and may be used by an Employee under this Chapter, and that is calculated at the same hourly rate and with the same benefits, including health care benefits, as the Employee normally earns during hours worked and is provided by an Employer to an Employee at the accrual rate described in Section 9.01.030.

J.  “Sick Leave” means time off from work using Sick Time.

K.  “Retaliatory Personnel Action” means:

1.  Any threat, discharge, suspension, demotion, other adverse employment action against an Employee for the exercise of any right guaranteed under this Chapter, or

2.  Interference with, or punishment for, participating in any manner in an investigation, proceeding or hearing under this Chapter.

3.  Adverse employment actions based on Sick Leave use not covered in this Chapter are not Retaliatory Personnel Actions.

L.  “Year” means any consecutive 12-month period of time that is normally used by an Employer for calculating wages and benefits, including a calendar year, tax year, fiscal year, contract year, or the year running from an Employee’s anniversary date of employment.